Police and Crime Commissioners

Lord Turnbull Excerpts

Thursday 28th June 2018 Lords Chamber

[Lord Turnbull (CB)]

My Lords, I have a long-standing friend who became a PE teacher. For 50 years he worked tirelessly to promote sport in schools and communities. He was the sort of the person we should give an MBE to. But two years ago someone went into a police station and alleged that he had been inappropriately touched by him after a gym lesson sometime in the early 1980s.

The police followed the guidance of Sir Tom Winsor, Chief Inspector of Constabulary, that the presumption that the victim should always be believed should be institutionalised. As a result, they spent little time investigating the plausibility of the claim or the integrity of the accused. In the face of hostile police and aggressive prosecutors, my friend was unable to prove a negative—that something did not happen 30 years ago. Rather than receiving an MBE he went to prison.

I and his many friends and colleagues believe that this is a miscarriage of justice flowing directly from the Winsor guidance. This guidance was severely criticised by the retired judge Sir Richard Henriques in his report on Metropolitan Police investigations into historic sex offences. He recommended that:

“Throughout both the investigative and the judicial process those who make complaints should be referred to as ‘complainants’ and not as ‘victims’”.


He then addressed the Winsor guidance directly. His criticism of it is withering:

“The effect of requiring a police officer … to believe a complainant reverses the burden of proof. It also restricts the officer’s ability to test the complainant’s evidence”.


He went on:

“Replacing an unsatisfactory state of affairs with a flawed system is no solution”,


and:

“The policy of ‘believing victims’ strikes at the very core of the criminal justice process. It has and will generate miscarriages of justice on a considerable scale”—


not just PE teachers but also Members of this House. He recommended:

“The instruction to ‘believe a “victim’s” account’ should cease. It should be the duty of an officer interviewing a complainant to investigate the facts objectively and impartially and with an open mind from the outset of the investigation … In future, the public should be told that ‘if you make a complaint we will treat it very seriously and investigate it thoroughly without fear or favour’”.


What part has been played in this by PCCs? Apparently very little. If you look at the published roles of PCCs, there are references to policing and crime but no mention of their role in maintaining the integrity of the judicial process by providing impartial evidence. It is not surprising, therefore, that the PCC in Wiltshire made no attempt to rein in an out-of-control chief constable. Crispin Blunt MP, who had sought an investigation into the case of a constituent whom he thought had been wrongly convicted, said in a recent Adjournment Debate that the,

“PCC has woefully failed to hold his force to account”.—[Official Report, Commons, 15/5/18; col. 74WH.]

When the noble Lord, Lord Hogan-Howe, stated in 2016 that the police should be neutral, he was criticised by a number of organisations and people, including Vera Baird QC, chair of the Association of PCCs. Sir Tom Winsor claimed that his guidance related only to the recording of crimes, but this is certainly not how it was interpreted.

I have three conclusions. The Winsor guidance should be withdrawn immediately. In any case, HMIC has no right unilaterally to overturn principles of the criminal justice system. The police should conduct their investigations thoroughly and impartially. Our system relies on the police being a neutral investigator rather than a continental juge d’instruction. If they are not impartial, our system becomes unbalanced. Finally, the responsibilities of PCCs need to be expanded to include the duty to maintain the integrity of the judicial process.